Legal Question in Criminal Law in California

I read this on a website. "If a person commits California grant theft, then he is guilty of committing a federal crime and may be sentenced to federal prison." Is this correct? I have read through the Penal Code 487PC, but did not see this statement.


Asked on 5/13/12, 1:23 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

It is not correct. Grand (not grant) theft in violation of California Penal Code section 487 is a state crime, not a federal crime. It will be prosecuted in a state court, and a convicted defendant may be sentenced to serve time in a state prison. State courts cannot sentence defendants to federal prison.

Note that some instances of grand theft will also violate federal criminal laws. For example, bank robbery is a federal crime even though most such robberies in California would also violate Penal Code section 487. A bank robber thus can be sentenced to federal prison, but the sentence will result from his violation of federal laws and not from the violation of the California Penal Code.

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Answered on 5/13/12, 4:30 pm


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